Board of Trustees Meeting
February 19, 2008
Minutes
A.
Board Study Session
1.
Call to Order, Roll Call and Adoption of Agenda
The meeting of the Board of Trustees of the Marin Community College District was called
to order at 3:38 p.m. by Board President Hayashino in Ohlone 106 at the IVC campus, all
members having received notice as prescribed by law. All publicly elected Trustees were
present. Student Trustee Tam arrived at 3:40 p.m.
M/s (Long/Treanor) to approve the Board Study Session agenda as presented. The
motion passed unanimously (7-0) plus an advisory aye vote by Student Trustee Tam.
2.
Modernization Workshop
President White introduced David Casnocha, our bond counsel, who commented on a
recent court case involving the Foothill-De Anza Community College District which
validated their Prop 39 ballot language. The Trustees asked for a legal opinion on our
bond mandate and our flexibility in projects so that we can respond to members of the
public who have interpreted our bond language to mean that we should be expanding
classroom space in all of our bond projects. Mr. Casnocha also mentioned the current
subprime mortgage crisis and noted that we may have to pay higher fees and insurance
rates when we sell our second series of bonds.
a. Revised Bond Spending Plan (Fine Arts Restrooms)
V-Anne Chernock, Director of Modernization, reviewed the three scope/cost options to
be considered by the Board during the evening meeting in response to a request to
add restrooms to the first and third floors of the new Fine Arts Building. The three
options presented were: 1) to not add restrooms ($220,000 in costs already incurred
for studies and delays), 2) to add a restroom to the first floor only ($650,000), 3) to add
restrooms to the first and third floors ($1,500,000). Suggestions for funding the options
were to 1) eliminate internal transfer and reduce the scopes of both the Fine Arts and
Performing Arts Buildings, 2) draw from SMCP or Gateway and reduce scope(s)
accordingly, and 3) draw from reserves and replenish with future savings. The
Trustees asked questions and discussed the options extensively, stressing the need
to make sure we are complying with all standards and ADA requirements.
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b. Main Building Complex (IVC) Final Design Review
This topic was deferred to a future meeting.
c. Transportation Technology Complex (IVC) Final Design Review
Mike McGuire and Dara Youngdale of Hardison, Komatsu, Ivelich & Tucker reviewed
the final design of the IVC Transportation Technology Complex. They reported that the
project was submitted to the Department of the State Architect in December and that
we expect to bid the project in the summer. They anticipate a 16 to 18 month
construction process during which the building will be fully vacated and swing space
will be utilized. The project is currently slightly under budget. Board members
commented on the design, asked questions and complimented the architects on their
excellent work on the design.
The Study Session (open session) was recessed at 5:00 p.m. by Board President
Hayashino.
B.
Closed Session
1.
Call to Order, Roll Call, Adoption of Agenda, Closed Session
Board President Hayashino reconvened the meeting of the Board of Trustees of the Marin
Community College District at 5:15 p.m. in the AS101 conference rooms on the Indian
Valley campus. All publicly elected Trustees were present. Dr. Frances White, Al
Harrison, Anita Martinez, Linda Beam, and Larry Frierson were also in attendance.
M/s (Long/Treanor) to approve the agenda as presented. The motion passed unanimously
(7-0).
There was no one present who wished to address the Board on the items listed to be
discussed in closed session, and the Board went into closed session.
The closed session recessed at 6:29 p.m.
C.
Regular Meeting
1.
Reconvene in Open Session
The meeting of the Board of Trustees of the Marin Community College District was
reconvened in open session at 6:50 p.m. in Ohlone 106 on the Indian Valley campus by
Board President Hayashino. She announced that the meeting was being recorded to
facilitate the preparation of minutes. All Trustees were present including Student Trustee
Tam.
2.
Approval of Minutes and Report of Closed Session
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M/s (Treanor/Tam) to approve the minutes of the January 15, 2008 Board meeting. The
motion passed by a vote of 5-0-2 with abstentions by Trustees Kranenburg and Dolan
(plus an advisory aye vote by Student Trustee Tam).
M/s (Treanor/Long) to approve the minutes of the January 29 Special Board meeting
(Board Retreat). The motion passed by a vote of 7-0 (plus an advisory abstention by
Student Trustee Tam).
Board Clerk Long reported that the Board had met in closed session earlier that afternoon
on the items listed on the agenda, and that no action was taken.
3.
Citizens’ Requests to Address the Board on Non-Agenda Items
Tim West, Chris Edmondson, Dan Widger, Cynthia Johnson, Steve Garrett, Darryl
Kesecker, Dodd Stange, and John Rodriguez addressed the Board regarding SEIU
negotiations, urging the District to offer a fair and equitable raise to SEIU employees.
Todd McCleary read a Resolution Concerning Statements of Paul Christensen and
Theodora Fung which was passed by the College of Marin Student Senate, Associated
Students of Emeritus College, and the Associated Students of the College of Marin. A
copy of this resolution is attached to the minutes as part of the official record.
Cesar Lagleva, Chairman of the Marin County Human Rights Commission, thanked
College of Marin for hosting a forum on race and class in January. He stated that he has
been informed of racism problems on our campus and that he will take this to the Human
Rights Commission as an issue to be investigated.
Ira Lansing, UPM President, read a statement putting the District on notice that UPM is
asserting its right to demand to negotiate the impact of changes in class offerings on its
unit members. A copy of Mr. Lansing’s statement is attached to the minutes as part of the
official record.
Todd McCleary, representing the Internet Radio Club, asked if there was a way for the
District to replace the laptop computer that was broken when he was calling COM’s
November 22, 2007 basketball game.
Jeannie Langinger, a member of COM’s nursing faculty, commented on what she
considers to be an unhealthy if not caustic environment at the college.
4.
WASC Study Session on Program Review Planning and Resource Allocation
Vice President Anita Martinez introduced Yolanda Bellisimo, Academic Senate President
and member of the Program Review Work Group, who briefed the Board on the program
review process and timelines. She noted that program reviews will be used to establish
funding priorities and that it is important for decisions to be data driven. The newly
formed Program Review Committee will provide oversight.
Vice President Martinez reported that she has been looking at accreditation trends from
June 2005 to January 2008 and noted that more rigor and strictness have been applied
to community colleges in the western states. She expressed optimism with regard to
meeting the deadline for completion of our program reviews and acknowledged the
leadership of the Academic Senate in developing this program review model.
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Board members expressed their thanks to the Program Review Work Group and other
staff who have been working so hard on the program review process. They asked for
additional information at a future meeting on how program review will affect budget
decisions and on the relationship between the Institutional Planning Committee, the
Budget Committee and program review. Ms. Bellisimo reported that the program
discontinuance policy which the Academic Senate has been working on is almost
finished and will be brought to the Board for approval after it has gone through the
governance process. A small Senate committee is working on administrative procedures
to go with the policy.
5.
Board Reports and/or Requests
a. Commendation Resolutions and Other Resolutions
1. M/s (Tam/Long) to approve Resolution in Support of Black History Month. The
motion passed with a unanimous roll call vote (7-0) plus an advisory aye vote by
Student Trustee Tam.
2. M/s (Treanor/Kranenburg) to approve Resolution in Support of Engineering
Week with the inclusion of some additional language suggested by Trustee Long.
The motion passed with a unanimous roll call vote (7-0) plus an advisory aye vote
by Student Trustee Tam. A copy of the revised resolution is attached to the
minutes as part of the official record.
b.
Legislative Report.
Trustee Paterson shared highlights from the most recent CCLC Legislative Report.
c.
Committee Chair Reports
Trustee Treanor reported that she attended the recent District Modernization
Committee meeting and that she looks forward to receiving a legal opinion from
Attorney Casnocha to address issues that were raised at that meeting.
Trustee Kranenburg reported that ideas for asset management were discussed at
the last Ad Hoc Budget Committee meeting.
Board President Hayashino reported that Frank Parnell, President of the College of
Marin Foundation Board, has asked to postpone the joint meeting of the College of
Marin and College of Marin Foundation Boards scheduled for March 4, 2008.
Trustees were asked to hold that date on their calendars in case a meeting is
needed to discuss the Program Discontinuance Policy and other issues.
d.
Individual Reports and/or Requests
Board President Hayashino stated that Trustee Namnath’s request for a Study
Session on textbook cost containment would be placed on a future agenda.
Trustee Long passed around the Tamalpais School District’s Citizens’ Oversight
Committee fiscal report and suggested that we prepare a similar report.
Trustee Paterson announced that she, President White and Dean Nanda Schorske
have been talking about having a Novato Roundtable in March to solicit input for the
IVC campus from Novato leaders.
Trustee Kranenburg reminded the Trustees that the groundbreaking for the PE
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Complex is scheduled for March 11 at 1:30 p.m.
Trustee Dolan requested a Study Session on the modernization charts that Swinerton
has been preparing and including in the Board packets.
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e.
CEO Report to Board on WASC Compliance
President White expressed appreciation for the Board’s acknowledgment of the staff’s
hard work to meet the accreditation recommendations.
f.
CEO Report to Board on Compliance with Grand Jury Recommendations
No report.
Chief Executive Officer’s Report
Dr. White called the Board’s attention to her report in their packets.
a. Staff Reports
1) Enrollment Management Update
Vice President Martinez presented a supplemental report on enrollment
management (copy attached) and thanked the Board for providing funding that
permitted the addition of more classes in both credit and noncredit for the past two
years.
a) Executive Summary: Indian Valley Organic Farm and Garden
Dean Nanda Schorske, Marilee Eckert, Executive Director of the Marin
Conservation Corps, and designer Terry Allan gave a presentation on the
Indian Valley Organic Farm and Garden which will occupy five acres on
the IVC campus.
2)
College Goals and Strategic Plan
President White called the Board’s attention to the document in the Board packets
detailing the college’s mission, vision, values and goals which will serve as the
foundation for COM’s strategic planning.
Dr. White asked Chief Lacy, our Chief of Police and Director of Safety, to brief the Board
on security procedures in place on the two campuses in light of the recent shooting at
Northern Illinois University. He explained that every law enforcement officer in Marin
County, including COM’s police officers, have received training in how to respond to an
active shooter. Police responses have been revised all over the county and officers
have been instructed to go in immediately in an active shooter situation instead of
waiting for a SWAT team to arrive. Chief Lacy informed the Board that we are
implementing a new emergency notification system, AlertU, that will provide broadcasts
of critical information to the mobile devices of employees and the student body. Chief
Lacy asked the Board to adjourn the meeting in memory of the students who lost their
lives in the Northern Illinois University shooting.
7.
Academic Senate Report
Yolanda Bellisimo, President of the Academic Senate, read a resolution approved by the
Academic Senate demanding that the assignment of Instructional Specialists be
determined in consultation with affected departments and calling for the cessation and
reversal of any currently proposed or implemented changes in department structure
until the completion of Program Review. A copy of the resolution is attached to the
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minutes as part of the official record.
8.
Classified Senate Report
No report.
9.
Student Senate and Student Association Report
Student Trustee Tam reported that the COM Student Senate sent delegations to the
Community College League of California annual legislative summit in Sacramento and
the Association of Community Colleges national legislative summit in Washington, D.C.
He stated that the issues of access and success for non-traditional students are
receiving significant attention from both the state and federal governments. A copy
of Student Trustee Tam’s report is attached to the minutes as part of the official record.
Jim Geraghty reported that the Students for Social Responsibility hosted a forum on race
and class on January 26 at COM where statistics on access and success were
presented. He stated that he would like to make a presentation on these statistics to the
Board and that the Students for Social Responsibility would like to partner with us to see
how we can improve success rates for our students.
10.
Board Study Session
a.
None
11.
Consent Calendar Items (Roll Call Vote)
M/s (Treanor/Kranenburg) to approve all items on the Consent Calendar. The motion
passed by a unanimous roll call vote of 7-0 (plus an advisory aye vote by Student Trustee
Tam). Trustee Dolan voted no on the N (the modernization items) only.
A.
Calendar of Upcoming Meetings
No changes
B.
Classified Personnel Recommendations. Approve the Classified Personnel
Recommendations:
1. Appointment of Classified Personnel
2. Permanent Reassignment of Classified Personnel
3. Temporary Increase/Decrease in Classified Assignment
C.
4.
Resignation/Retirement of Classified Personnel
5.
Request for Leave of Absence/Uncompensated Leave
Academic Personnel Recommendations. Approve the Academic Personnel
Recommendations:
1.
D.
Appointment of Academic Personnel
Educational Management Personnel Recommendations. Approve the
Educational Management Personnel Recommendations.
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1. Appointment and/or Change of Educational Management Personnel
E.
Short-Term Hourly Positions
F.
Budget Transfers – Month of January - FY 2007/08
G.
Declaration of Surplus Property – Miscellaneous Equipment
H.
Warrant Approval
I.
Approve New Credit Courses
J.
Approve Credit Course Revisions
K.
Approve Credit Course Deletions
L.
Approve Less Than 18 Unit Credit Certificate
M.
Approve Agreement with Perry-Smith for Bond Audit July –
December 2007
N.
Modernization (Measure C)
1. Ratify Previously Approved Contracts
a. Fire Mitigation Project (#418A) and Shade & Greenhouse Structures
Project (#850C)
Moritz Arboricultural Consulting (Professional Services Agreement)
b.
PE Complex Portables Project (#850F) & Geothermal Fields Kentfield
& IVC Projects (#305B & #417B)
GeoTech Utility Locating LLC (Professional Services Agreement)
c. Performing Arts Modernization Project (#306A)
Sensible Environmental Solutions, Inc. (Professional Services
Agreement)
d.
PE Complex Portables Project (#850E)
Nor-Cal Moving Services (Professional Services Agreement)
e.
Shade & Greenhouse Structures Project (#850C)
Crossroads Relocation Services, Inc. (Professional Services
Agreement)
f.
PE Complex Portables Project (#850F) on Site Temporary Storage
Waterfront Container Leasing Co., Inc. (Lease Agreement)
2. Approve No-Cost Time Extensions – Professional Services
Agreements
a. District CEQA Consultant (#810A)
Amy Skewes Cox – Amendment #7
b. POMO 4 Roof Replacement Project (#402B)
Gary Proctor Construction Consultation – Amendment #1
c. PE Complex Portables Project (#850F)
Kleinfelder – Amendment #1
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12.
Other Action Items (10 minutes)
A.
M/s (Kranenburg/Tam) to Approve Authorization to Purchase Police
Vehicle. The motion passed unanimously (7-0) plus an advisory aye vote
by Student Trustee Tam.
B.
Modernization (Measure C)
1.
Award Major Construction Contract
a. PE Complex Modernization (#308B)
This agenda item was pulled.
2.
Special Approvals
a. Approve Revised Bond Spending Plan (Fine Arts
Restrooms)
M/s (Treanor/Dolan) to approve option #2 (the addition of one
unisex restroom on the first floor) with the understanding that
we receive an opinion from an ADA specialist verifying that
ADA requirements are being met and a letter from Attorney
Mark Kelley stating that he has reviewed the settlement
agreement of a 2002 lawsuit we were involved in regarding
disability access issues and that we are meeting the
requirements of that agreement. The motion was defeated by
a vote of 4 to 3 with Trustees Dolan, Kranenburg, Namnath and
Long casting the no votes. Student Trustee Tam cast an
advisory aye vote.
M/s (Namnath/Kranenburg) to approve option #1 (no additional
restrooms) and require the two opinions requested above
(from an ADA specialist and attorney Mark Kelley). The motion
was defeated by a vote of 4 to 3 with Trustees Dolan,
Hayashino, Treanor and Long casting the no votes. Student
Trustee Tam cast an advisory no vote.
The Trustees decided to move forward to obtain the opinions
(from the ADA specialist and attorney Mark Kelley) and to
postpone this agenda item to the March 4 Special Board
b.
meeting.
M/s (Treanor/Tam) to Approve Field Contract Template for
Emergency Utility Repair Services. The motion passed
by a vote of 6-1 with Trustee Dolan casting the no vote.
Student Trustee Tam cast an advisory aye vote.
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c.
M/s (Treanor/Tam) to Approve Agreement for Project
Inspection (PI) Services Template. The motion passed by
a vote of 6-1 with Trustee Dolan casting the no vote. Student
3.
Trustee Tam cast an advisory aye vote.
Approve Projects and Authorize Bidding
a. M/s (Paterson/Namnath) to Approve TransTech Swing
Space (#850H) (Procurement of Butler Building). The
motion passed by a vote of 6-1 with Trustee Dolan casting
the no vote. Student Trustee Tam cast an advisory aye vote.
b. M/s (Long/Tam) to Approve PE Complex Photovoltaic
Project (#308D). The motion passed by a vote of 6-1 with
Trustee Dolan casting the no vote. Student Trustee Tam cast
an advisory aye vote.
c. M/s (Namnath/Long) to Approve 12 KV Utilities Extension
Project (IVC) (#407C). The motion passed by a vote of 6-1
with Trustee Dolan casting the no vote. Student Trustee Tam
cast an advisory aye vote.
d. M/s (Tam/Namnath) to Approve West Campus Bridge
Project (Kentfield) (#301A). The motion passed by a vote
of 6-1 with Trustee Dolan casting the no vote. Student Trustee
Tam cast an advisory aye vote.
4.
Approve Professional Service Agreement Amendments
a. New Fine Arts Building Project (#306C) Additional
Services (Fine Arts Restrooms)
Marcy Wong Donn Logan Architects – Amendment #4
($50,000 or $170,000)
b.
This item was postponed to the March 4 Special Board
meeting.
M/s (Treanor/Tam) to Approve Campus Corner Relocation
Project (#850G) Credit for DSPS
Relocation Design Services
HKIT – Amendment #7 (-$88,000)
The motion passed by a vote of 6-1 with Trustee Dolan
casting the no vote. Student Trustee Tam cast an advisory
aye vote.
c.
M/s (Long/Treanor) to Approve Ignacio Creek Erosion
Mitigation Project (#419A) Credit for Creek Tree Study
RHAA – Amendment #7 (-$22,342)
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The motion passed by a vote of 6-1 with Trustee Dolan
casting the no vote. Student Trustee Tam cast an advisory
aye vote.
d.
M/s (Long/Paterson) to Approve Ignacio Creek Erosion
Mitigation Project (#419A) Creek
Tree Study
CSW/Stuber/Stroeh – Amendment #16 ($22,342)
The motion passed by a vote of 6-1 with Trustee Dolan
casting the no vote. Student Trustee Tam cast an advisory
aye vote.
e.
M/s (Long/Treanor) to Approve Shade & Greenhouse
Structures Project (#850C) Design Services
Alfa Tech Cambridge Group – Amendment #16 ($8,700)
The motion passed by a vote of 6-1 with Trustee Dolan
casting the no vote. Student Trustee Tam cast an advisory
5.
aye vote.
Approve Construction Contract Change Orders/Notices of
Completion
a.
M/s (Kranenburg/Tam) to Approve Austin Science Center
Roof Repairs Project (#850E)
American Services Co. – Change Order #3 ($0 – time
extension only)
The motion passed by a vote of 6-1 with Trustee Dolan
casting the no vote. Student Trustee Tam cast an advisory
aye vote.
b. M/s (Tam/Kranenburg) to Approve Pool Boiler
Replacement (#407A)
Banner Enterprises, Inc. – Change Order #2 Credit
(- $9,785)/ Notice of Completion
The motion passed by a vote of 6-1 with Trustee Dolan
casting the no vote. Student Trustee Tam cast an advisory
aye vote.
13.
Items for Possible Future Board Action (5 minutes)
A.
Shared Use Agreement – Sustainable Horticulture Program at IVC
B.
C.
Bolinas Lab Recommendations
Memoranda of Understanding for Partnership Agreements for
the Marin Simulation Center
D.
Lease Extension North American Resources – Taqueria
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14.
E.
Marin Conservation Corps Memorandum of Understanding
F.
Ground Lease with Marin County Sheriff’s Department
Information Items (5 minutes)
15.
A.
Contracts and Agreement for Services Report – January, 2008
B.
Second Quarter Financial – 311Q
C.
Solicitation of Request for Audit Services Proposals
D.
Noise Mitigation Plan for Geothermal Projects
E.
Measure C Bar Schedule Through January 31, 2008 (preliminary)
F.
Modernization Update
G.
Sustainability Update
H.
COMet Update
I.
2008/09 Budget Calendar
J.
Calendar of Special Events
Indian Valley Organic Farm & Garden Presentation
February 20, 2008, 2:00 to 3:30 pm., POMO 188, IVC Campus
Marin County School Boards Association & Marin Association of
Superintendents Annual Meeting for School Board Trustees and
Superintendents
March 3, 2008, 5:30 to 9:00 p.m., Giorgio’s Ristorante, 300 Drakes
Landing Road, Greenbrae
College of Marin Foundation Scholarship Awards Ceremony
May 16, 2008, 5:00 p.m., Kentfield Cafeteria
College of Marin Commencement – May 17, 2008, 10:00 a.m., Kentfield
Campus Lawn
Correspondence
Board members were asked to review the correspondence in their Board
Packets. Student Trustee Tam asked to have a letter (copy attached) in the
correspondence packet to President White from Matthew C. Odetto, the San
Rafael Police Chief, thanking us for the use of a building on the IVC campus
16.
for their recent active shooter training made a part of the official record.
Board Meeting Evaluation
17.
Adjournment
M/s (Tam/Dolan) to adjourn the meeting in memory of the students who
recently lost their lives in the Northern Illinois University shooting and
in memory of Rolf Weber (a COM employee) and Margaret Smith (a
former COM employee) who recently passed away.
The motion passed unanimously (7-0) plus an advisory aye vote by
Student Trustee Tam and the meeting was adjourned at 10:10 p.m. by
Board President Hayashino.
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